Kruczinski v. Neuendorf
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee^ county: D. H. JohNsoN, Circuit Judge. This is an appeal from an order overruling the demurrer interposed by the appellants to the complaint, which alleges, ill effect, that Simon Kruczinski cliecl intestate December 25, 1882; that at the time of his death he resided in Milwaukee, and was the owner in fee and possessed of the real estate' therein described; that said intestate left, him suf viving, his widow, Katharine,…
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Appeal from an order of the circuit court for Milwaukee^ county: D. H. JohNsoN, Circuit Judge. This is an appeal from an order overruling the demurrer interposed by the appellants to the complaint, which alleges, ill effect, that Simon Kruczinski cliecl intestate December 25, 1882; that at the time of his death he resided in Milwaukee, and was the owner in fee and possessed of the real estate' therein described; that said intestate left, him suf viving, his widow, Katharine, and eight children, as his only heirs at law; that four of them, who are not parties to this action, were more than…
1Opinion of the CourtCassoday, C. J.
The contention that the complaint does not conform to sec. 3102, R. S. 1878, is without significance, *269■since this is not, and does not purport to be, an action for partition.
1. One ground of demurrer is that there is a defect of parties defendant in omitting to make Joseph Weisbrod a party defendant. It is true the quitclaim deed from the four heirs, not parties to this action, ran to Katharine and Joseph Weis-brod, but they both conveyed all their right, title, and interest in and to the land in question to the defendant John F. Neuendorf \ nearly eight years before the commencement of this…
2Cases cited20 opinions
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Smith v. SherryWisconsin Supreme Court · 1882
- O'Dell v. RogersWisconsin Supreme Court · 1878
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3Cited by13 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Post v. CampbellWisconsin Supreme Court · 1901
- Kimball v. Baker Land & Title Co.Wisconsin Supreme Court · 1913
- Flood v. KerwinWisconsin Supreme Court · 1902
- Estate of Pelishek v. East Wisconsin Trustee Co.Wisconsin Supreme Court · 1934
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